Adultery in Arizona Divorce
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Infidelity does occur in marriages, and it can have a significant impact on a future divorce. Understanding the law will be essential during a drawn-out and frequently traumatic divorce, regardless of whether you were unfaithful or your spouse was at fault. So, does adultery have any impact on divorce in Arizona?
First – Is adultery illegal in Arizona?
Arizona Revised Statute 13-1408 clarifies the state’s adultery laws. An unfaithful partner may be prosecuted under the law by either a husband or a wife. Adultery is a Class 3 misdemeanor in Arizona when it is proven to have occurred.
In Arizona, adultery is only considered to have occurred if the spouse has intercourse with someone other than their wife or husband. Adultery is not regarded as anything other than sexual activity in Arizona.
One of the less severe punishments in Arizona is a class 3 misdemeanor. In Arizona, a class 3 misdemeanor carries a maximum sentence of up to 30 days in jail, a $500 fine, and a year of probation.
Even though a class 3 misdemeanor may only carry minor punishments, getting one will have several adverse effects. If the judge rules that probation is required and the person on probation commits another crime while on probation, they risk serving a significant amount of time in jail.
Arizona Divorce and Adultery Laws
Arizona is a state that doesn’t consider who is at fault during a divorce. This indicates neither party must give a reason for the requested divorce when filing. Divorce proceedings cannot be started unless one spouse declares the marriage is “irretrievably broken.”
While adultery won’t affect the divorce application itself, it might affect other aspects of the separation.
Cheating, Asset Division, and Alimony
The sum the spouse with the higher income pays to the spouse with the lower income is known as spousal support or alimony. Alimony intends to maintain the same standard of living both parties experienced during the marriage.
Cheating does not affect the amount of alimony granted in Arizona, and judges are prohibited from taking unfaithfulness into account when performing the calculations. The total amount of spousal support is determined by the combined income of the two partners.
The division of assets can reveal how adultery affects divorce in Arizona.
The cheating spouse might demand more of the marital property acquired as a community asset. This may occur when a competent divorce lawyer establishes that the unfaithful spouse has been financially irresponsible. Bank account records or a credit card spending audit can be used to demonstrate that significant amounts were spent on the affair.
The other spouse will be entitled to a 100% reimbursement if an attorney can show that one of the spouses was financially irresponsible due to cheating. They might be eligible for a smaller share of the family debt even if they don’t receive more community assets (or no obligation in the aftermath of the adultery).
Infidelity in Covenant Marriage Divorces
Regarding divorce, Arizona is a no-fault state, but there is one exception. People who choose to get married in a covenant are the exception.
Pre-marital counseling is required in a covenant marriage, and the couple is aware that they are making a lifetime commitment. In the event of a conflict, the couple must seek
People who enter a covenant marriage cannot get a no-fault divorce. Adultery is one of the reasons for the breakup of covenant marriage in Arizona law. The person cheated on will have to do the divorce filing, and the other would be at fault.
One of the few causes for a covenant marriage’s formal dissolution is this. Other factors include one spouse committing a crime, leaving the marital home for at least a year, abusing one another physically or sexually, and continuing to live apart without reconciling for an extended period.
Adultery does not affect the dissolution of a covenant marriage other than to give cause for divorce. The legal procedure will be the same for spouses who do not have a covenant marriage once one party has a reason to ask for a divorce.
Spouse’s Infidelity in Divorce Proceedings
Although adultery is not usually regarded as such by Arizona judges in divorce cases, one party may be able to use it to present a negative view of the unfaithful spouse. This may ultimately impact the court’s decision on family issues like child custody and visitation.
For instance, one parent might assert that the other parent wasted their childcare budget or spent little time with the child due to the affair. Some parents contend that letting their children see their parents date outside of the home is not the best thing for their development. These kinds of claims show that the unfaithful partner is unfit to have custody of the child.
In conclusion, even though adultery is not technically taken into consideration by the court, divorce is more challenging and complicated. Do not hesitate to speak with an attorney if you believe your spouse has been unfaithful to you or if you are accused of infidelity.
Final Word
Adultery is not a crime in Arizona, and the state has no criminal laws that make adultery illegal. However, adultery can be taken into consideration by the courts when making decisions about alimony and other aspects of a divorce. In Arizona, adultery is considered a form of marital misconduct and can be used as grounds for divorce. If a spouse has committed adultery, it can be used as evidence to prove that the marriage is irretrievably broken and that the divorce should be granted. Additionally, if one spouse has committed adultery, they may not be able to receive alimony or other financial support from the other spouse during the divorce proceedings.
